A WANT OF DILIGENCE.

New Zealand Herald, Volume LXI, Issue 18889, 11 December 1924, Page 11

A WANT OF DILIGENCE.

MINERS' MINIMUM WAGE.

CLAIM AGAINST COMPANY.

HIKURANGI UNION NON-SUITED.

[BY TELEGRAPH. —OWN CORRESPONDENT. WHANGAREI. Wednesday.

In the Magistrate's Court yesterday, before. Mr. B. W. Tate, S.M.. the Hikurangi Coalminers' Union sought to recover from Wilsons Collieries, of Hikurangi, the sum of £100 by way of penalty for a breach of the coalminers' award, in that John Wilson, a miner employed by the company, had not been paid an amount sufficient to make up his earnings to an average of 17s 6d a shift. Plaintiffs said that Wilson was a miner of capacity. It was for the company to prove that it was Wilson's own fault that he could not earn the minimum. Evidence was given by Wilson. He said that for a fortnight ho worked 7f shifts and the rate paid him was short or the minimum wage by 12s. He was at a deputation to the management, but retired before his case was discussed. Later ho was paid 8s 9d on account of the 12s he was short paid. Ho would not deny tha; for the first six fortnights he had had to be made up to the minimum wage, and also two fortnights later. He had been given a fortnight's notice of dismissal in June. During the period he was under notice he was earning 26s per shift. After he left a strike occurred, indirectly as the result of his receiving notice. He re-commenced when the men went back, about July 26. Next pay day ho was short 12s and the following pay day ss. For the five fortnightly periods in October and November he earned less than the minimum wage. He had never adopted the go-slow policy, Witness did not deny that others working with him had earned over the minimum rate.

,J? or the defence it was claimed that Wilson had practically adopted a go-slow end canny policy. His wages were being r<ade up practically all the time; in fact 31 per cent, of his wages wero made up. Obviously he was not making good or doi;:ig a fair day's work. Immediately, he received notice of dismissal it was significant that his earnings went up to £1 6s (3d a day. After the strike ho was taken back practically on probation under the new award of July 23, the strike having terminated on July 15. For the first pay after the resumption Wilson wa3 3s 3d under the minimum. His crossmate was earning £3 odd over tho mini mum. That went on and tho company came to the conclusion that Wilson was not trying, so, on July 26, they refused to make up his wages. Tho magistrate said it was relied on that Wilson, through no fault of his own, had been unable to earn the minimum wage. The evidence did not point to that being tho case, but rather tho reverse. _ All the evidence went to show that Wilson could have earned the minimum. Tho earning powers of his crossmates working in identically tho same place had proved that. His failure appeared to be a want of diligence. The union would be non-suited and ordered to pay witnesses' expenses, £5 50, and solicitors' fees, £5.